- Champion Article
When a white collar client calls an attorney upon receiving a subpoena and says he is afraid he cannot afford the attorney’s services, the attorney’s reaction need not be to refer the client to another law firm. Companies that own liability policies may not realize that they can look to that source for coverage of defense costs, expert fees, and other related litigation costs. What constitutes a claim? How should the company notify the insurer? Who is the insured? What will trigger an exclusion? The devil is in the policy details.
Amicus curiae brief of the National Association of Criminal Defense Lawyers in support of the petition for certiorari.
Argument: Fee awards under the Hyde Amendment, which allow acquitted defendants to recover some of the financial damage they incur from having faced a criminal prosecution undertaken by the government which has been shown to be “vexatious, frivolous, or in bad faith,” are a needed check against prosecutorial misconduct. The Hyde Amendment authorizes an award of attorney’s fees even where probable cause existed to support the filing of criminal charges; the Eleventh Circuit’s cramped interpretation of the statute will have a chilling effect on zealous advocacy, endangering defendants’ Sixth Amendment Right to Counsel.